Legal Question in Immigration Law in California

Divorce before 5 years

I got married on 2004, and getting divorce now. I got the 10 years green card right away, and it will expire on 2014.

My question is I have not been married more than 5 years, so I will lose my card??

Or, If I could keep it, should I still need to apply for US citizen for keeping my visa?

( Can I wait till 2014, then renew to new one?)


Asked on 1/29/09, 2:17 am

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Divorce before 5 years

No, you don't lose your card. There is a small possibility that the green card could be examined when and if you apply for U.S. citizenship to be sure the marriage was a real marriage when entered into. It's unlikely to be an issue and it is nothing to be concerned about unless you in fact entered into a fraudulent marriage. I can't know that, but you do.

The five years relates to the period of time you must be a permanent resident before qualifying for citizenship. If you were married and living with your spouse, the wait time is three years, otherwise, you qualify to naturalize after five years, just like everyone else, except spouses of U.S. citizens and certain members of the military who wait a shorter time. Applications regardless of the qualifying time can be submitted 90 days in advance of the 3d/5th anniversary.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/29/09, 1:00 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Divorce before 5 years

Yes you can keep a green card, you should work with an attorney contact us if you are in California.

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Answered on 1/29/09, 1:15 pm


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